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Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 64
- Paragraph text
- The mandate continues to receive reports of the systematic use of forced interventions worldwide. Both this mandate and United Nations treaty bodies have established that involuntary treatment and other psychiatric interventions in health-care facilities are forms of torture and ill-treatment. Forced interventions, often wrongfully justified by theories of incapacity and therapeutic necessity inconsistent with the Convention on the Rights of Persons with Disabilities, are legitimized under national laws, and may enjoy wide public support as being in the alleged "best interest" of the person concerned. Nevertheless, to the extent that they inflict severe pain and suffering, they violate the absolute prohibition of torture and cruel, inhuman and degrading treatment (A/63/175, paras. 38, 40, 41). Concern for the autonomy and dignity of persons with disabilities leads the Special Rapporteur to urge revision of domestic legislation allowing for forced interventions.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 53
- Paragraph text
- To the maximum extent possible, States should provide support services and assistive devices and technologies under a community-based approach. That means not only providing relevant services in the community where the person lives, but also ensuring the participation of persons with disabilities in decision -making processes and activities related to the design and provision of those services, as well as recognizing and supporting existing social networks and community resources. In that way, community-based services enable the optimal use of local resources, often with more efficient delivery systems than through other measures. When services are not community-based there is either a drive towards segregation, or those needing such services may have difficulty in accessing them. Additionally, when services are designed in a participatory manner and with the communities in mind, their adequacy and adaptability is increased, which results in responses that are sensitive to geographical, social, economic and cultural issues. In the case of indigenous peoples, such community-based services could be used to avoid the risk of assimilation when providing disability-specific services to indigenous persons with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 15
- Paragraph text
- Institutionalization is a clear example of how violations of the right to housing occur when disability is misconstrued as a medical condition. Removing persons with disabilities from the general population and subjecting them to isolation and extreme social control is rationalized on the basis that they are being provided with “treatment” or “care”. Institutionalization often combines the worst living conditions with severe deprivation of liberty and cruel and inhuman treatment, including physical and sexual abuse. Conditions are invariably overcrowded, with limited or no access to sanitation and hygiene facilities, as has been documented in countries including Guatemala, Indonesia and Mexico. Residents in institutions and institution-like settings are often precluded from having outside social or family relations and deprived of choices about activities, social relationships, sexuality and identity. Persons with psychosocial or intellectual disabilities are at highest risk of being institutionalized forcefully and, outside formal institutions, are often subjected to extreme levels of institution-like control in privately operated rooming houses or “halfway” houses.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 23
- Paragraph text
- Many girls and young women with disabilities do not have access to information and education about sexual and reproductive health and rights and related services. Several studies found that youth with disabilities, especially girls and young women with intellectual disabilities, have low levels of sexuality education and sexual and reproductive health and rights knowledge, including information with regard to the prevention and transmission of HIV. The lack of inclusive education prevents girls and young women with disabilities from accessing comprehensive sexuality education, as those programmes are usually not available in special education settings. In addition, comprehensive sexuality education is not always delivered in accessible formats and alternative languages, and very often it does not address disability-specific needs. Stigma and stereotypes about female sexuality can also lead to the exclusion of girls and young women with disabilities from existing comprehensive sexuality education programmes by their parents, guardians and teachers. There is a general lack of guidance for families and teachers on how to talk about sexuality and equality with girls and young women with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Violence against women with disabilities 2012, para. 86
- Paragraph text
- In addition, the Human Rights Council Special Rapporteur on the right to education dedicated his 2007 thematic report to the issue of the right of persons with disabilities to inclusive education (A/HRC/4/29, paras. 8 and 76). He found that literacy rates for women and girls with disabilities were significantly lower than for men and boys, and that women and girls were generally subjected to more discrimination. Similarly, in his 2005 thematic report, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, focused on the right to health of persons with mental disabilities (E/CN.4/2005/51, paras. 12 and 49) and found that women with intellectual disabilities were especially vulnerable to forced sterilization and sexual violence. He advocated for measures to protect them from violence and other right to health-related abuses, whether occurring in private health-care or support services. Finally, the Special Rapporteur to monitor the implementation of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities reports annually to the Commission for Social Development and has mainstreamed the issue of women and disabilities in his reports (see E/CN.5/2011/9).
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- Boys
- Girls
- Persons with disabilities
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 50
- Paragraph text
- The Convention on the Rights of Persons with Disabilities outlines general principles to which States that have ratified the Convention should adhere, including full and effective participation and inclusion in society and accessibility (article 3, paras. (c) and (f)). The Convention further stipulates that States should "promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost" (article 4, para. 1 (g)), and "promote access for persons with disabilities to new information and communications technologies and systems, including the Internet" (article 9, para. 2 (g)). To ensure fulfilment of these obligations, the International Telecommunication Union (ITU) has recommended the following principles for ICT accessibility: equal access, functional equivalency, accessibility, affordability and design for all.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Taxation and human rightss 2014, para. 44
- Paragraph text
- Low levels of revenue collection have a disproportionate impact on the poorest segments of the population and constitute a major obstacle to the capacity of the State to finance public services and social programmes. A lack of access to quality services is a constituent element of poverty, and people living in poverty are particularly dependent on public services, being unable to pay for private alternatives. In addition, their specific needs and characteristics make it more likely they will have to interact with State-funded institutions and services on a regular basis. This is particularly the case for people who experience multiple forms of discrimination and disadvantage; for example, persons with disabilities are more likely to come into regular contact with health and social services, while women are more likely to be directly dependent on social protection and health systems for at least some period of their lives because of their sexual and reproductive health and maternity-related needs. Women also serve as unpaid alternative care providers when public services are not adequately funded, increasing their time burden and limiting their opportunities to engage in paid work, education, training or leisure, while also negatively affecting their enjoyment of rights such as health, education, participation and social security.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Poverty
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 48
- Paragraph text
- Different forms of assistance and support services are required by some persons with disabilities to live and fully participate in the community, with choices equal to others. Article 19 (b) of the Convention on the Rights of Persons with Disabilities requires States to ensure that persons with disabilities have access to a range of in-home, residential and other community support services necessary to support living and inclusion in the community and to prevent isolation or segregation from the community. Those support services include personal assistance, support in decision-making, communications support (readers, sign language interpreters), mobility support (guides, service animals), living arrangement services (housing, household care) and community services. They can be both substitutes for and complements to assistive devices. Very often those services are not covered by health insurance or social protection schemes, even though they can take up a significant proportion of the average person's budget, if they can afford it at all. States should take measures to ensure affordability and guarantee access to those services to the maximum extent of their available resources, to comply with articles 4 and 28 (2) (a), (b) and (c) of the Convention.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Disability-inclusive policies 2016, para. 45
- Paragraph text
- According to articles 20, 26 (3) and 28 (2) (a) of the Convention on the Rights of Persons with Disabilities, States have an obligation to promote the availability, knowledge and use of assistive devices and technologies for persons with disabilities. Article 20 (b) requires States to take effective measures to facilitate the access of persons with disabilities, including children with disabilities, to mobility aids, devices, assistive technologies and forms of live assistance and intermediaries. Those measures must include making them available at no or an affordable cost. Moreover, as part of their general obligations, States should undertake or promote research and development of, and promote the availability and use of, devices and assistive technologies suitable for persons with disabilities, giving priority to technologies at an affordable cost (article 4 (1) (g)). They should also provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities (article 4 (1) (h)). Despite those obligations, in many developing countries only 5 to 15 per cent of those in need of assistive devices and technologies are able to obtain them.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 11
- Paragraph text
- As a foundation for any national social protection system, these floors must ensure, at a minimum, access to essential health care (including maternity care) and to a basic level of income security for (a) children - including access to food, education, care and other necessary goods and services; (b) persons of active age who are unable to earn sufficient income, including persons with disabilities; and (c) older persons. The ILO recommendation concerning national floors of social protection, 2012 (No. 202) identifies as priority areas of attention the prevention and alleviation of poverty, vulnerability and social exclusion, and sets forth guidelines for implementing and monitoring national strategies that are participatory, country-led, sustainable and regularly reviewed. It also provides guidance to States on progressively providing higher levels of protection to as many people as possible and as soon as possible, reflecting States' economic and fiscal capacities. The recommendation also recognizes the principles of non-discrimination, gender equality and responsiveness to specific needs, and emphasizes that any initiative should support people with special needs and other potentially disadvantaged groups.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Poverty
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 77
- Original document
- Paragraph text
- A number of jurisdictions have adopted a “housing first” model to address homelessness. The model provides chronically homeless persons, in particular those with psychosocial impairments and/or drug or alcohol addictions, with long-term housing and the necessary forms of support.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 32
- Paragraph text
- There is a worrisome and growing number of cases of surgical procedures and hormonal treatments intended to inhibit the growth of girls and young women with severe impairments. Hysterectomy, for example, is regarded as an effective way to avoid menstruation management,42 and it is justified on the discriminatory presumption that girls and young women with disabilities cannot handle the pain, discomfort and trauma of menstruation — an argument not applicable to girls and women without disabilities. Oestrogen treatment is also being increasingly administered for “growth-attenuation therapy”, aiming to inhibit girls’ entry into puberty and reduce their final height and weight in order to facilitate care. Those practices constitute gross human rights violations that go well beyond patronizing and infantilizing; they prioritize the interests of caregivers to the detriment and denial of a person’s dignity and integrity. As the Committee on the Rights of the Child has emphasized, the interpretation of a child’s best interests cannot be used to justify practices that conflict with the child’s human dignity and right to physical integrity. Stunting a girl’s growth does not represent, by any means, an appropriate response to the lack of support that families may encounter in providing assistance to their girls with disabilities.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 30
- Paragraph text
- While United Nations human rights instruments, mechanisms and agencies have recognized that the forced sterilization of persons with disabilities constitutes discrimination, a form of violence, torture and other cruel, inhuman or degrading treatment, the practice is still legal and applied in many countries. Across the globe, many legal systems allow judges, health-care professionals, family members and guardians to consent to sterilization procedures on behalf of persons with disabilities as being in their “best interest”, particularly for girls with disabilities who are under the legal authority of their parents. The practices are often conducted on a purported precautionary basis because of the vulnerability of girls and young women with disabilities to sexual abuse, and under the fallacy that sterilization would enable girls and young women with disabilities who are “deemed unfit for parenthood” to improve their quality of life without the “burden” of a pregnancy. However, sterilization neither protects them against sexual violence or abuse nor removes the State’s obligation to protect them from such abuse. Forced sterilization is an unacceptable practice with lifelong consequences on the physical and mental integrity of girls and young women with disabilities that must be immediately eradicated and criminalized.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Health
- Violence
- Person(s) affected
- Girls
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 19
- Paragraph text
- Stereotypes based on gender and disability often lead to structural or systemic discrimination against women with disabilities, in particular when exercising their sexual and reproductive health and rights. Stigma and misconceptions about disability and sexuality can have a profound negative impact on their lives and can lead to their disempowerment and infantilization. The nature of the prejudice experienced affects their self-esteem, making them feel insecure and socially isolated. Girls and young women with disabilities are neither seen to be in need of information about their sexual and reproductive health and rights and available services, nor seen as competent to make decisions about their sexual and reproductive lives. Moreover, as many girls and young women with more severe impairments live at home or in institutions, often completely dependent on or controlled by others, they are denied the full exercise of their autonomy and privacy, whether that is intentional or not. Consequently, many girls and young women with disabilities lack the basic knowledge and support required to protect themselves from sexual abuse, unwanted pregnancy and sexually transmitted infections, and are not equipped to make informed decisions about their own bodies, health and lives.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Sexual and reproductive health and rights of girls and young women with disabilities 2017, para. 8
- Paragraph text
- Furthermore, girls and young women with disabilities are, almost without exception, prevented from making autonomous decisions with regard to their reproductive and sexual health, which can result in highly discriminatory and harmful practices, as discussed in section III below. Many of those practices occur in institutions, as girls and young women with disabilities are more likely to be institutionalized.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons with disabilities
- Women
- Youth
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 12
- Paragraph text
- Basic income is intended as a cash grant; not as in-kind support such as food, vouchers or shelter. This means that individuals must have a means by which to receive the income, such as a bank account, or a cell phone capable of managing electronic payments. This might be problematic where neither banking infrastructure nor cell phone coverage are strong, and will also be difficult for groups such as the homeless, people fleeing domestic violence, and persons with psychosocial disabilities.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 13
- Paragraph text
- Public policies continue to neglect the importance of the preconditions of poor mental health, such as violence, disempowerment, social exclusion and isolation and the breakdown of communities, systemic socioeconomic disadvantage and harmful conditions at work and in schools. Approaches to mental health that ignore the social, economic and cultural environment are not just failing people with disabilities, they are failing to promote the mental health of many others at different stages of their lives.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to mental health 2017, para. 3
- Paragraph text
- The present report is the result of extensive consultations among a wide range of stakeholders, including representatives of the disability community, users and former users of mental health services, civil society representatives, mental health practitioners, including representatives of the psychiatric community and the World Health Organization (WHO), academic experts, members of United Nations human rights mechanisms and representatives of Member States.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Existing legal standards and practices regarding violence against women in three regional human rights systems and activities being undertaken by civil society regarding the normative gap in international human rights law 2015, para. 13
- Paragraph text
- Article 2 of the Protocol requires States to take positive action to address inequalities between women and men in State efforts to ensure that women enjoy their rights. Other articles set out obligations with respect to, among other things, the right to dignity; the right to life, integrity and security of the person; protection from harmful practices; rights in marriage, which include entitlement to property and the custody and guardianship of children; protection from early and forced marriages; the right of access to justice and equal protection of the law; the right to participate in political and decision-making processes; the right to peace; the rights to adequate housing, food security, education and equality in access to employment; reproductive and health rights, including control of one's fertility; and the right to be protected against HIV infection. The Protocol also includes specific provisions on the protection of rights of women with disabilities. All promotional and protective provisions in the African Charter on Human and Peoples' Rights and other human rights instruments are equally applicable in the interpretation of the Protocol.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Men
- Persons with disabilities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Closing the gap in international human rights law: lessons from three regional human rights systems on legal standards and practices regarding violence against women 2015, para. 14
- Paragraph text
- Article 2 of the Protocol requires States to take positive action to address inequalities between women and men in State efforts to ensure that women enjoy their rights. Other articles set out obligations with respect to, among other things, the right to dignity; the right to life, integrity and security of the person; protection from harmful practices; rights in marriage, which include entitlement to property and the custody and guardianship of children; protection from early and forced marriages; the right of access to justice and equal protection of the law; the right to participate in political and decision-making processes; the right to peace; the rights to adequate housing, food security, education and equality in access to employment; reproductive and health rights, including control of one's fertility; and the right to be protected against HIV infection. The Protocol also includes specific provisions on the protection of rights of women with disabilities. All promotional and protective provisions in the African Charter on Human and Peoples' Rights and other human rights instruments are equally applicable in the interpretation of the Protocol.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Men
- Persons with disabilities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Violence against women with disabilities 2012, para. 71
- Paragraph text
- The Declaration on the Rights of Mentally Retarded Persons reflected a paternalistic medical and charity model of disability, while the Declaration on the Rights of Disabled People adopted a human rights approach as regards equal treatment, access to services, the development of capabilities, and the acceleration of social integration.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Violence against women with disabilities 2012, para. 69
- Paragraph text
- Women with disabilities have more limitations on access to sexual and reproductive health care. Often health-care providers see them as asexual, thereby concluding that they do not require certain health-care services. An analysis of the data contained in the World Health Organization World Health Survey shows a significant difference between men and women with disabilities and people without disabilities in terms of the attitudinal, physical, and system level barriers faced in accessing care.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Men
- Persons with disabilities
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Violence against women with disabilities 2012, para. 65
- Paragraph text
- Armed conflict generates injuries and trauma that can result in disabilities and can also increase the severity of existing disabilities. For women incurring injuries, the situation is often exacerbated by delays in obtaining health care and longer-term rehabilitation. According to the 2011, World Report on Disability, humanitarian organizations in conflict situations do not always respond promptly and effectively, and the needs of families and caretakers are not always taken into account.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Violence against women with disabilities 2012, para. 18
- Paragraph text
- Many policies operate on the assumption that a disabling condition is pathological and a defect, and not a socially ascribed so-called deficit. The impact of such a perspective is clear: persons with disabilities are to be avoided and/or excluded, as opposed to accommodated and included in the community. According to the Convention on the Rights of Persons with Disabilities, accommodation, inclusion and support are the obligated responses to disability, including for families of persons with disabilities.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Multiple and intersecting forms of discrimination and violence against women 2011, para. 72
- Paragraph text
- Within some countries, identifiable subgroups of women are marginalized on the basis of racial, ethnic, religious, cultural and social ideologies and prejudices which reflect disproportionate impact on or justifiable targeting of subgroups of women. For example, women from particular racial and ethnic groups, those with disabilities and poor women, have been the target of forced sterilization and other coercive birth control measures.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 80
- Paragraph text
- Persons with disabilities are particularly affected by forced medical interventions, and continue to be exposed to non-consensual medical practices (A/63/175, para. 40). In the case of children in health-care settings, an actual or perceived disability may diminish the weight given to the child's views in determining their best interests, or may be taken as the basis of substitution of determination and decision-making by parents, guardians, carers or public authorities. Women living with disabilities, with psychiatric labels in particular, are at risk of multiple forms of discrimination and abuse in health-care settings. Forced sterilization of girls and women with disabilities has been widely documented. National law in Spain, among other countries, allows for the sterilization of minors who are found to have severe intellectual disabilities. The Egyptian Parliament failed to include a provision banning the use of sterilization as a "treatment" for mental illness in its patient protection law. In the United States, 15 states have laws that fail to protect women with disabilities from involuntary sterilization.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- Children
- Girls
- Persons with disabilities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 69
- Paragraph text
- Deprivation of liberty on grounds of mental illness is unjustified if its basis is discrimination or prejudice against persons with disabilities. Under the European Convention on Human Rights, mental disorder must be of a certain severity in order to justify detention. The Special Rapporteur believes that the severity of the mental illness is not by itself sufficient to justify detention; the State must also show that detention is necessary to protect the safety of the person or of others. Except in emergency cases, the individual concerned should not be deprived of his liberty unless he has been reliably shown to be of "unsound mind". As detention in a psychiatric context may lead to non-consensual psychiatric treatment, the mandate has stated that deprivation of liberty that is based on the grounds of a disability and that inflicts severe pain or suffering could fall under the scope of the Convention against Torture (A/63/175, para. 65). In making such an assessment, factors such as fear and anxiety produced by indefinite detention, the infliction of forced medication or electroshock, the use of restraints and seclusion, the segregation from family and community, etc., should be taken into account.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 63
- Paragraph text
- The mandate has previously declared that there can be no therapeutic justification for the use of solitary confinement and prolonged restraint of persons with disabilities in psychiatric institutions; both prolonged seclusion and restraint may constitute torture and ill-treatment (A/63/175, paras. 55-56). The Special Rapporteur has addressed the issue of solitary confinement and stated that its imposition, of any duration, on persons with mental disabilities is cruel, inhuman or degrading treatment (A/66/268, paras. 67-68, 78). Moreover, any restraint on people with mental disabilities for even a short period of time may constitute torture and ill-treatment. It is essential that an absolute ban on all coercive and non-consensual measures, including restraint and solitary confinement of people with psychological or intellectual disabilities, should apply in all places of deprivation of liberty, including in psychiatric and social care institutions. The environment of patient powerlessness and abusive treatment of persons with disabilities in which restraint and seclusion is used can lead to other non-consensual treatment, such as forced medication and electroshock procedures.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 59
- Paragraph text
- Severe abuses, such as neglect, mental and physical abuse and sexual violence, continue to be committed against people with psychosocial disabilities and people with intellectual disabilities in health-care settings.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Person(s) affected
- Persons with disabilities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Certain forms of abuses in health-care settings that may cross a threshold of mistreatment that is tantamount to torture or cruel, inhuman or degrading treatment or punishment 2013, para. 32
- Paragraph text
- The mandate has recognized that medical treatments of an intrusive and irreversible nature, when lacking a therapeutic purpose, may constitute torture or ill-treatment when enforced or administered without the free and informed consent of the person concerned (ibid., paras. 40, 47). This is particularly the case when intrusive and irreversible, non-consensual treatments are performed on patients from marginalized groups, such as persons with disabilities, notwithstanding claims of good intentions or medical necessity. For example, the mandate has held that the discriminatory character of forced psychiatric interventions, when committed against persons with psychosocial disabilities, satisfies both intent and purpose required under the article 1 of the Convention against Torture, notwithstanding claims of "good intentions" by medical professionals (ibid., paras. 47, 48). In other examples, the administration of non-consensual medication or involuntary sterilization is often claimed as being a necessary treatment for the so-called best interest of the person concerned.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph